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Opinions Sept. 28, 2010

Indiana Court of Appeals
Sarah Haag, et al. v. Mark Castro, The Indiana Youth Soccer Association, et al.
29A04-1001-CT-10
Civil. Affirms summary judgment in favor of Virginia Surety Co. Members of the Carmel Commotion Soccer Team traveled to Colorado for a soccer tournament. While in Colorado, the team decided to go on a white-water rafting trip as a team-building activity. While traveling to raft, the van collided with another vehicle and team members were injured. Virginia Surety argued that while the team was sanctioned to attend and compete at the tournament, the use of the van to go white-water rafting was not a use “in the business of the Named Insured” and Indiana Youth Soccer Association did not have knowledge of or authorize the rafting activity. Judge Riley dissents.

IBA: Did You Know?

Depression will affect more than 19 million Americans this year, and according to a Johns Hopkins University study lawyers have the highest rate of depression among the 28 occupations they reviewed.

IBA Frontlines

Frontlines for Sept. 29-Oct. 12, 2010.

Hickey: Sweet Tweet

Technology and social media, it’s all the buzz in Bar circles.

IBA: $136,000 Put to Work by Bar Foundation

So far in 2010, the IBF awarded over $136,000 in grant support for IBA initiatives and to agencies with projects consistent with the IBF mission of advancing the administration of justice and understanding of law through philanthropy, education and service.

Lenders meet with borrowers at event

Following a statewide event Sept. 1 to help to homeowners who were concerned they might be facing foreclosures, the Indiana Foreclosure Prevention Network hosted another event Sept. 16 in Indianapolis.

Judge leaves for Afghanistan mission

After a year of preparation, Marion Superior Juvenile Judge Marilyn Moores left for an 11-month mission to Afghanistan to help rebuild the war-torn country’s farming and agricultural infrastructure.

7th Circuit hears Cinergy appeal

The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.

Judicial candidate put back on ballot

A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order and preliminary injunction that say the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.

7th Circuit mulls adult-business laws

The 7th Circuit Court of Appeals is considering whether a Southern District of Indiana judge correctly weighed evidence in granting a preliminary injunction that stopped Indianapolis from enforcing a 2002 ordinance regulating adult-business hours.

DTCI: Existing duty is prerequisite of negligence

To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.

Court: Slow start for optional e-filing

Marion Superior Courts have fully implemented e-filing for civil collections and mortgage foreclosure cases, but law firms and attorneys are not en masse embracing the change that’s currently a voluntary choice.

Red Masses mark start of legal term

The tradition of the Red Mass, which commemorates the beginning of the legal term each fall and blesses members of the legal community, continues in Indiana. Typically the Red Mass takes place in a Catholic church but is open to people of all faiths.